Beddow v. Dewitt
Supreme Court of Pennsylvania
Error, to the Common Pleas of Montour county. This was an action of trespass on the ease, brought July 18th 1860, by Jacob Y. L. Dewitt against William Beddow, for contribution. On the application of the defendant, Robert Moore was made co-defendant, and required to appear and plead to the action.
Read the full summary
Error, to the Common Pleas of Montour county. This was an action of trespass on the ease, brought July 18th 1860, by Jacob Y. L. Dewitt against William Beddow, for contribution. On the application of the defendant, Robert Moore was made co-defendant, and required to appear and plead to the action. The following facts were, by agreement of counsel, considered as a case stated for the opinion of the court:— On the 16th of May 1854, George Boudman executed to the children of Isaac Boudman, deceased, a mortgage on a tract of land in Yalley township, containing one hundred and fifty-seven acres…
1Opinion of the Court
The opinion of the court was delivered, by
Strong, J.
The argument of the plaintiff in error assumes that the plaintiff below is asking to be subrogated to the place of Samuel R. Wood as a mortgagee. This is a misapprehension of the case. The question is not whether Dewitt is entitled to a cession of Beddow’s mortgage to Wood, nor even whether he may claim to stand in the shoes of the Boudmans, the other mortgagees. The plaintiff demands contribution, not subrogation. The two Boudman mortgages were liens upon a tract of land of which the plaintiff owned a part, and the defendant the remainder.…
2Cited by2 opinions
- Union Trust Co. ex rel. Wakefield v. HugusSupreme Court of Pennsylvania · 1917
- Higinbotham's EstateSuperior Court of Pennsylvania · 1912